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Polliwalks v. BBC International

Polliwalks v. BBC International

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-11442: Polliwalks, Inc. v. BBC International, LLC. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l8AE for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-11442: Polliwalks, Inc. v. BBC International, LLC. Filed in U.S. District Court for the District of Massachusetts, no judge yet assigned. See http://news.priorsmart.com/-l8AE for more info.

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Published by: PriorSmart on Jun 14, 2013
Copyright:Public Domain

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06/14/2013

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{W3738247.1}
 
UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS)POLLIWALKS, INC. ))Plaintiff, ))v. ) Civil Action No.________________ )BBC INTERNATIONAL, LLC and ) JURY TRIAL DEMANDEDFAMILY DOLLAR STORES, INC. ))Defendants. ))
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, Polliwalks, Inc. (“
Polliwalks
”), by its undersigned counsel, for its complaint
against
BBC International, LLC (“
BBC
”) and Family Dollar Stores, Inc. (“
Family Dollar 
”, and
collectively with BBC
, “
Defendants
”), s
tates as follows:
NATURE OF ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. §1 et seq.
THE PARTIES
2.
 
Polliwalks is a corporation organized and existing under the laws of theCommonwealth of Massachusetts and has its principal place of business in the Commonwealthof Massachusetts.3.
 
Upon information and belief,
BBC‟s
has offices in Randolph, Massachusetts andBoca Raton, Florida. BBC purports to be a full service footwear supplier.
 
 
{W3738247.1}
 
24.
 
Upon information and belief, Family Dollar (NYSE: FDO) purports to be a small-format convenience and value retailer with over 7,600 stores in 45 states, including more than100 stores in the Commonwealth of Massachusetts.5.
 
Upon information and belief, Defendants offer to sell products, and, in fact sell products throughout the United States, including in this judicial district and introduce productsthat infringe one or more claims
in United States Patent No. 8,371,043 (the “ „
043 Patent
”) and
United States
Patent No. 8,371,044 (the “ „
044 Patent
”) into the stream of commerce knowing
that they would be sold in this judicial district and elsewhere in the United States.
JURISDICTION AND VENUE
6.
 
This is an action for patent infringement arising under the Patent laws of theUnited States, Title 35 of the United States Code.7.
 
This Court has jurisdiction over the subject matter of this case under 28 U.S.C.§§1331 and 1338(a).8.
 
Venue is proper in this judicial district under 28 U.S.C. §§1391 and 1400.9.
 
Joinder of BBC and Family Dollar in this action is proper as BBC manufactures,imports into the United States and markets to Family Dollar its infringing products whichinfringing products Family Dollar markets and sells to consumers in this judicial district all as part of the same transaction or series of transactions concerning the same infringing products.
COUNT I(
Infringement of the ‘043 Patent
 
)
10.
 
Polliwalks hereby incorporates paragraphs 1 through 9 by reference as though setforth fully herein.11.
 
On February 12, 2013, the United States Patent and Trademark Office (the
USPTO
”) duly and legally issued the „043 Patent. Polliwalks owns the entire right, title and
 
 
{W3738247.1}
 
3
interest in the „043 Patent and s
uch ownership rights are confirmed by assignments recorded in
the USPTO. A true and accurate copy of the „043 Patent is attached hereto as
Exhibit 1.12.
 
BBC makes, imports, uses, sells or offers for sale a three-dimensional sculptedshoe featuring a
Spiderman
character and spider web
(the “
Infringing Product
”) that infringe
s
one or more claims of the „043 Patent.
 13.
 
Family Dollar uses, sells, offers for sale to consumers, the Infringing Product thatis sold to Family Dollar by BBC. True and accurate photographs of the Infringing Product areappended hereto as Exhibit 2.14.
 
BBC
has also infringed one or more claims of the „043 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including butnot limited to Family Dollar, and by intentionally aiding, assisting and encouraging theinfringement by others, including but not limited to Family Dollar through the sale, offer for sale,manufacture and use of the Infringing Products.15.
 
Defendants were made awar 
e of the „043 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
„043 Patent and Defendants infringement thereof which was sent to each of the Defendants on or 
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.BBC responded to these letters and thereby confirmed the receipt thereof.16.
 
Upon information and belief, since at least the time Defendants received notice,Defendant
s have induced and continue to induce others to infringe at least one claim of the „043
Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful blindness, actively aiding and abetting, others to infringe, including, but not limited to,

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